Some one please clarify this for me.
I am ready to send my I-130, and I-485. Currently I hold an EAD through my approved I-817 Application for voluntary departure under Family Unity program wich I obtained in 2003 through my Dad's permanent residence.
I entered the US without inspection so under section 245(i) I can adjust status by paying an additional $1000 fine. However the following provision seems to explain that I might not have to pay that fine after all:
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER I - DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER B - IMMIGRATION REGULATIONS
PART 245 - ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
245.10 - Adjustment of status upon payment of additional sum under section 245(i).
(c) Payment of additional sum. An adjustment applicant filing under the provisions of section 245(i) of the Act must pay the standard adjustment application filing fee as specified in 103.7(b)(1) of this chapter. Each application submitted under the provisions of section 245(i) of the Act must be submitted with an additional sum of $1,000. An applicant must submit the additional sum of $1,000 only once per application for adjustment of status submitted under the provisions of section 245(i) of the Act. However, an applicant filing under the provisions of section 245(i) of the Act is not required to pay the additional sum if, at the time the application for adjustment of status is filed, the alien is: (1) Unmarried and less than 17 years of age; (2) The spouse of a legalized alien, qualifies for and has properly filed Form I817, Application for Voluntary Departure under the Family Unity Program, and submits a copy of his or her receipt or approval notice for filing Form I817; or (3) The child of a legalized alien, is unmarried and less than 21 years of age, qualifies for and has filed Form I817, and submits a copy of his or her receipt or approval notice for filing Form I 817. Such an alien must pay the additional sum if he or she has reached the age of 21 years at the time of filing for adjustment of status. Such an alien must meet all other conditions for adjustment of status contained in the Act and in this chapter.
I am the spouse of a USC and I have filed I-817 through my Dad. On the provision it does not specify that the I-817 has to by filed trough the spouse. At least that is what I see. Has anyone gone through this?
Thanks for the help
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I am ready to send my I-130, and I-485. Currently I hold an EAD through my approved I-817 Application for voluntary departure under Family Unity program wich I obtained in 2003 through my Dad's permanent residence.
I entered the US without inspection so under section 245(i) I can adjust status by paying an additional $1000 fine. However the following provision seems to explain that I might not have to pay that fine after all:
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER I - DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER B - IMMIGRATION REGULATIONS
PART 245 - ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
245.10 - Adjustment of status upon payment of additional sum under section 245(i).
(c) Payment of additional sum. An adjustment applicant filing under the provisions of section 245(i) of the Act must pay the standard adjustment application filing fee as specified in 103.7(b)(1) of this chapter. Each application submitted under the provisions of section 245(i) of the Act must be submitted with an additional sum of $1,000. An applicant must submit the additional sum of $1,000 only once per application for adjustment of status submitted under the provisions of section 245(i) of the Act. However, an applicant filing under the provisions of section 245(i) of the Act is not required to pay the additional sum if, at the time the application for adjustment of status is filed, the alien is: (1) Unmarried and less than 17 years of age; (2) The spouse of a legalized alien, qualifies for and has properly filed Form I817, Application for Voluntary Departure under the Family Unity Program, and submits a copy of his or her receipt or approval notice for filing Form I817; or (3) The child of a legalized alien, is unmarried and less than 21 years of age, qualifies for and has filed Form I817, and submits a copy of his or her receipt or approval notice for filing Form I 817. Such an alien must pay the additional sum if he or she has reached the age of 21 years at the time of filing for adjustment of status. Such an alien must meet all other conditions for adjustment of status contained in the Act and in this chapter.
I am the spouse of a USC and I have filed I-817 through my Dad. On the provision it does not specify that the I-817 has to by filed trough the spouse. At least that is what I see. Has anyone gone through this?
Thanks for the help
Reply With Quote
